Blog by an experienced Divorce and Family Law Attorney to educate people with Family Law and Divorce issues, answering questions and explaining complicated matters in a straightforward and understandable way. This blog is a Newsletter, designed for general information only. The information presented in this blog is not, is not intended to be, and shall not be construed to constitute legal advice, nor to create an attorney-client relationship.

Sunday, September 25, 2011

QUESTION: We have been married less than a year. My wife quit her job to go to school during this time. I am 100% disabled and have a fixed income. Is my wife entitled to spousal support from me?

MY RESPONSE:

You are not obligated to pay Spousal Support to your wife during or after a divorce unless or until you are ordered to do so by the Court.

If you intend to divorce your wife, the sooner you separate (or file for divorce), the shorter your spousal support obligation will be. Spousal Support in short-term marriages is generally awarded (if at all) for 1/2 the duration of the marriage to time of separation. If the marriage is 10 months long, Spousal Support would likely be for 5 months duration.

The amount of Spousal Support is dependent mostly upon your income and her income. If your wife has no income, a (brief) Spousal Support obligation could be ordered by the Court.

If you can prove to the Court's satisfaction your wife's employment qualifications (education, training and work experience) and the availability of jobs in a reasonable geographic radius for which your wife is qualified to work, and the salaries those jobs are paying, the Court could "impute" an earning capacity to your wife which, if sufficient, could preclude your wife from getting a Spousal Support order, and could possibly support your receiving an order requiring your wife to pay Spousal Support to you.

If you are looking to limit the duration of your potential Spousal Support obligation, the sooner you separate, the shorter the duration of Spousal Support.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My wife is torturing me. She is pregnant and I don't want to live with her. Can I file a divorce case? I'm ready to pay all the allowances. What will be the consequences? Can I get divorce from her?

MY RESPONSE:

Yes, you can file for divorce from your wife any time you want to.

The fact that she is pregnant does not prevent you from filing a divorce case.

California has no-fault divorce.

You should not suffer any adverse consequences for filing a divorce case during your wife's pregnancy.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: We are trying to handle divorce on our own. What if we are still in negotiations over the division of community property close to the 30 day deadline? What do I put on the Response if we just need more time to come to an agreement?

MY RESPONSE:

Whether or not you are "near" settlement, you should timely file a Response.

Nothing special needs to be stated in the Response regarding the fact that you (believe that you) are near settlement.

You should seek all appropriate relief in your Response.

You should consult with an experienced Family Law Attorney to assist you with the preparation of your Response.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: Does a father have to pay child support if a baby has not been legitimized? The father was working at one time, and gave the mother money. However, now he is unemployed, and trying to go to a technical school.

MY RESPONSE:

Under California law, all children are legitimate.

I think that you mean that there has not been a Paternity case filed.

The law requires parents to support their children.

If you are sure that the child is yours but there is no Child Support order, you should do your best to support your child.

If you are not sure whether the child is yours, submit to a Paternity DNA test to find out.

Child Support is based on the father's income, the mother's income, and the father's percentage of custodial timeshare.

If you are unemployed, your unemployment benefits(if any) are considered to be your income.

If you have no income, you will likely have no Child Support obligation.

However, if you had a Child Support obligation as a result of a Child Support Agency case (or a Paternity case), you would need to file an Order to Show Cause (OSC) to modify Child Support, because the modification would not be retroactive to a date prior to the filing of that OSC.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: Last December we finally had a trial on our divorce proceedings and the Commissioner decided all of the issues in our divorce (spousal support, 401k, etc). My ex's attorney was told to draft up the judgeship for signature. My ex fired her attorney prior to signing the judgment and won't sign one now. It is 8 months later and I'm still not divorced. This process has been going on for about 4 years. How do I end it? How do I get the court to issue a judgment that states we are divorced?

MY RESPONSE:

You would best retain an experienced Family Law Attorney to complete the case for you.

If you can't afford to retain an attorney, you should at least consult with an attorney.

I can't determine from your question whether or not your ex's attorney drafted a Judgment, and if so, whether the Judgment accurately set forth the Court's decisions on all of the issues.

If your ex's former attorney did not draft a Judgment, you or your attorney will need to draft a Judgment, likely needing a transcript of the Commissioner's oral pronouncements at trial, or at least the Minute Order of the trial - if it set forth those oral pronouncments, to ensure that the Judgment is accurate.

The Judgment will then need to be served on your ex by mail, and if it hasn't been signed and returned to your attorney within 10 days (allow an additional 5 days for mailing), your attorney will need to present the Judgment to the Court with a Declaration reflecting that the Judgment was provided to your ex, and that your ex has not signed and returned that Judgment to your attorney.

If your ex signed the Judgment, the Court will enter the Judgment. If your ex hasn't signed the Judgment, then based on that Declaration, the Court will enter the Judgment.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I have the legal custody of my child. My ex husband filed for modification. When Child Support Services told me, I went to the LDA who filed my divorce a year ago, and I had them file a stipulation for my part of modification. Now, I'm trying to follow the status of the case, but CSS says they don't find that my stipulation was filed. So, what they did was to schedule a hearing for me to attend. I think I don't need to go to the hearing because I already did my part. What should I do? Thank you for your help.

MY RESPONSE:

It is hard to understand your question, because a Stipulation is not a one-sided document. Perhaps you mean a Response or a Responsive Declaration instead of a Stipulation? It appears that whatever the document was, it likely was not filed or served.

In any case, you should appear at the hearing. Do not ignore what CSS told you. You will suffer adverse consequences if you fail to appear at a hearing in your case.

You appear to have misunderstood what is happening and what is needed.

Consult with an experienced Family Law Attorney, if at all possible, for guidance regarding the case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I was wondering if I need a specific reason to divorce my spouse. I am just simply unhappily married and I want to be free again. If I file for divorce, can she use this against me in court to get money from me?

MY RESPONSE:

The only reason you need to claim, for you to get a divorce, is a generic claim of irreconcilable differences which have led to an irremediable breakdown of your marriage. You already have those grounds.

There is no penalty to pay for being the party seeking the divorce.

Whether or not your wife is entitled to an award of any money depends upon whether or not she qualifies for a Spousal Support order, and whether or not there is any net community property for the Court to divide.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I am currently residing in the state of California but will be moving to North Carolina. My husband informed me he wants a divorce due to irreconcilable differences. Can he use a past case which involved false allegations of child abuse made against me which were later proven to be false? I have the Court's findings which state that the allegations against me were false and made with malicious intent in order to seek custody.

MY RESPONSE:

If you have written findings of the Court which state that your husband maliciously filed false child abuse charges against you, you should provide those written findings to the divorce court, because, among other things those findings would bear on your husband's credibility.

Family Code Section 3027.5(b) provides that the Court may ordered supervised visitation or limit a parent's custody or visitation if it finds substantial evidence that the parent, with intent to interfere with the other parent's lawful contact with the child, made a report of child sexual abuse during a custody proceeding or at any other time that he/she knew was false when made.

Additionally, Family Code Section 3027.1 provides that monetary sanctions may be imposed on a party for making a knowingly false acusation of child abuse or neglect during child custody proceedings.

Those sanctions are cumulative to any other remedies authorized by law to redress false allegations and testimony (but note that there is no cause of action for malicious prosecution for making false child abuse allegations in a divorce case, due to the Civil Code Section 47(b)'s litigation privilege against tort liability).

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Tuesday, September 13, 2011

QUESTION: We have been married 2 1/2 years. When we found out I was pregnant, my husband insisted on me staying home to care for our daughter. I have no income except from him. He wanted everything in his name only so both of our cars are in his name. Would he get custody?

MY RESPONSE:

You would likely get sole or primary Child Custody since you have been your daughter's primary parent since birth.

You would be entitled to receive Child Support, Spousal Support and Attorney fee orders in a divorce case.

It does not matter that the cars are only in your husband's name; if they were bought with community funds (such as your husband's income), or on community credit (such as your husband's credit during the marriage), they are community property, and the Court divides net community property 50/50.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My husband wants a divorce but I will like to try and work on our marriage. If he is set on having a divorce. How can I protect myself and our son financially? He has indicated he wants nothing to do with raising our son. We both are employed, but it would be difficult for me to keep our home with just my income.

MY RESPONSE:

If your husband chooses to divorce you, he can do so, based on "irreconcilable differences", notwithstanding your desire to work on your marriage.

There is no "generic" way for me to advise you how to financially protect yourself in your divorce other than recommending that you retain an experienced Family Law Attorney to represent you in your divorce, and that you immediately consult with and interview experienced Family Law Attorneys to enable you to choose a competent attorney who you feel comfortable with to represent you in your divorce.

If your husband chooses not to spend time with your son, that would serve to maximize his child support obligation, since child support is based on his income, your income, and his percentage of custodial timeshare.

Without information regarding your and your husband's incomes, I can't determine whether or not you might qualify to receive spousal support.

If you qualify for child support and/or spousal support, you may or may not have sufficient income to afford to pay the house expenses - if the house is awarded to you.

Whether or not you could receive the family home in the divorce would depend at least in part upon whether there are sufficient assets to award to your husband to equalize his community share of the equity in the family home, or whether you can qualify for a loan to pay off his community share of that equity (and pay the payments on that loan as well as your other costs of living).

If your husband is willing to stipulate to an order deferring the sale of the house and division of its net proceeds until your son graduates from high school, that may facilitate your staying in the house with your son until that event, if you can afford, with your income and child support and spousal support to live there and pay your costs of living.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My wife and I have been legally separated for 3 years. We continue to feud over the kids. Can she use my medical records against me? I am a carrier of Hepititus C.

MY RESPONSE:

You are entitled to confidentiality of your Physician/Patient records unless you waived that confidentiality by giving your wife access to those records or if you tender the issue of your health problem to the Court.

If you waive or waived that confidentiality, your wife could use those records in your divorce or legal separation case.

You would best retain an experienced Family Law Attorney to represent you in your case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I am in the process of filing for divorce from my ex. I live in another state, and am unable to regularly see my children, but try to call several times a week. My ex will no longer take my phone calls. What should I include in visitation orders to cover regular phone calls, and how do I go about enforcing those orders once they are in place?

MY RESPONSE:

If the children are in a different state and have lived there over six months, the only court that would have jurisdiction over custody and visitation would be the state where the children reside, pursuant to the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA).

The divorce case should thus be filed in the state and county where the children resided if they haven't lived in the new state for six months. If they have lived in another state for over six months, you might well have jurisdictional problems if you file in your state.

You would best retain an experienced Family Law Attorney in the appropriate state and county to represent you.

The orders that you would seek need to be tailored to your particular circumstances, but would include orders allowing you to call at a certain time on certain days of the week (or all days of the week) to speak to the children, orders requiring your wife to answer your calls and cooperate to facilitate your phone conversations with the children, etc.

To enforce those orders, after they are served upon your ex, you would need to proceed against her for contempt of court if she violated those orders.

You would best retain an experienced Family Law Attorney in the county and state where the custody action is filed to represent you.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My kids, wife and I currently live in a rented apartment. If I can afford the apartment on my own (she cannot) and I have the landlord remove her name from the lease, can I insist that she leave the apartment when I serve her with divorce papers? This will unfortunately be a contentious divorce process. Also, the children would be living with me in the apartment that we currently inhabit - what are her visitation rights during the divorce process? I plan to fight for full custody. Also, she keeps threatening to move the kids to another state. Is she allowed to do so? How can I prevent this from happening?

MY RESPONSE:

You can't serve divorce papers in your own divorce case. They must be served by somebody else of the age of 18 or older.

Unless your wife has committed or threatened domestic violence against you, you can't force her to move out of your apartment, and you can't force her to be separated from the children.

If you want to prevent your wife from moving out of state with the children, file a divorce case and have it served on your wife. The reverse side of the Summons contains automatic temporary restraining orders restraining the parties from moving the children out of state. Once she is served, those restraining orders are binding on her. Before then, she has the power to move out of state with the children, so act with due haste.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: How can I find a family law attorney who is willing to handle my divorce pro bono or possibly take monthly payments. My spouse has hired an attorney known as a "shark" and I do not want to go into this alone, but I can't afford to hire an attorney at this point. Thanks!

MY RESPONSE:

Call Family Law Attorneys in your area to find out whether they would be willing to file a Divorce and an Order to Show Cause for Attorney's Fees on either a Limited Scope basis or a Full Service Basis.

The law about attorney's fees orders was amended as of January 1, 2011 to enable a party to obtain an attorney fee order early on in a case, to "level the playing field".

If your husband can afford a shark, he likely can afford to pay attorney's fees to your attorney pursuant to a court order.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: In April, 2010, I went to Vietnam and married my husband there, and stayed there for two months. I returned to California pregnant and have a 5 month old baby. I do not want to sponsor my husband anymore because he have never liked me and abused me while I was living in his house those two months. He is very poor. I have savings in the bank from all my hard working years. I want to get a divorce. 1. Do I have to give him all of my hard working money (assets) in the bank? 2. Can he fight to keep the baby (to go back to Vietnam and live with him? 3. If I want a divorce and child custody, does he have the right to refuse a divorce with me or refuse to let me keep the baby and refuse to let me be the the guardian of my child?

MY RESPONSE:

You don't need your husband's consent to divorce him.

However, service of process on your husband is required for you to divorce him, and that could be a difficult, time-consuming and expensive process if your husband is in Vietnam.

Your premarital savings are your separate property, and your husband has no right to your separate property.

As a practical matter, if your husband is still in Vietnam, and poor, it is unlikely that he would be able to travel to California to participate in a divorce - so it is unlikely that he would be able to fight your divorce, and unlikely that he would be able to contest your request for custody of your baby.

You would need to proceed to get his default entered if he fails to timely file a Response after being properly served in your divorce case.

You would best retain an experienced Family Law Attorney to represent you in your divorce.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My husband and I are divorcing after 5 years of marriage. We have no kids together, I have a daughter and he has a son. I have full custody of my daughter; he doesn't have custody of his son - he sees him on the weekends. We bought a house last year. I currently run a licensed day care out of our home. Will my having custody of my daughter and running a day care out of our home affect the chances of me getting the house in the divorce as long as I can afford it?

MY RESPONSE:

Possibly, but not necessarily.

For you to receive the house in the divorce, you would have to pay your husband 1/2 of the equity in the house, or he would need to receive additional community assets to equalize that amount.

If there aren't sufficient assets available to equalize the offset, you would need to borrow the monies to equalize that offset, and if you can't qualify for a loan, you likely wouldn't be able to afford to buy your husband out.

If your husband doesn't agree to sell his 1/2 of the equity in the home to you, you may need to take that issue to trial, and the Court may or may not allow you to buy out your husband's interest in the house.

The fact that you have custody of your daughter and run a day care business out of the house could assist you in getting an order in your favor, but you would still need to be able to afford to buy out your husband's interest in the house if you receive such an order.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Wednesday, September 7, 2011

QUESTION: If I go through the divorce process, will there be any problem if my wife is still on the house title? We have been separated for many years. I'm the only one who claims this property on my taxes. She will be released any interest on this property.

MY RESPONSE:

If the house was purchased during the marriage, your wife has a community interest in the house.

To the extent that you paid down the mortgage after separation, you have a right to reimbursement.

Why would your wife be willing to release her interest in the property without receiving compensation for it?

You would best retain an experienced Family Law Attorney to represent you.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My ex has remarried. How do I stop the alimony? How do I get my overpayment refunded?

MY RESPONSE:

I assume that the alimony is being deducted from your salary pursuant to a Wage Assignment.

Ask your ex-wife to stipulate to termination of Spousal Support and reimbursement of the Spousal Support paid after she remarried.

If she refuses, file an Order to Show Cause for that relief.

You would best retain an experienced Family Law Attorney to represent you.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I'm in the military and I just recently had a DNA test to determine if I'm the father of a little 2 year old girl. Her mother wants to give the child up for adoption but I do not want to give up my parental rights, if I have any.

MY RESPONSE: Retain an experienced Family Law Attorney in the county in which your daughter resides, to file a Paternity case and seek child custody, without delay.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I filed my case in pro per in March, 2011. Apparently, my ex responded to the case in April, 2011. He never served me with his paperwork. I just had my judgement and default paperwork sent back to me because of his Response. Is there any way to get the judgement, because I was never served anything from him? Or should I just wait and go to my hearing which is scheduled for September of this year?

MY RESPONSE:

Don't be blindsided.

Go to the Court and purchase a copy of the papers that your husband filed, so that you can determine what he filed and what he is asking for.

Because your husband filed a Response, you can't get a default Judgment.

If you have a trial date set, you should prepare for and appear at the trial.

Consult with an experienced Family Law Attorney to determine whether it would be appropriate for you to be represented in the divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My husband wants a divorce, but I don’t. We have a house and other assets. He just took a $20,000 loan out from his 401K. I asked for half of that $20,000, and he responded that if he gives me half, he doesn’t have to pay for my attorney. We also have a 14 year old daughter. I'm scared of what he might do to her alone. Do I have to sign divorce papers?

MY RESPONSE:

You should at least consult, if not retain, an experienced Family Law Attorney to represent you in the divorce.

If you have reason to be scared about your daughter's safety with your husband, address that matter to the attorney.

You shouldn't be the victim of your husband's intimidation.

Don't bury your head in the sand and allow your husband to "do it" to you.

Participate in the divorce - if your husband files a divorce, you don't have a choice as to whether or not there will be a divorce.

You should timely file and serve your Response, so that your participation won't be barred by a Default being entered against you.

You are entitled to 1/2 of the net community property, and if your husband earns more than you do, you are likely entitled to an award of at least some of your attorney's fees.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My daughter is an unwed teen mother. She did not put the father's name on the birth certificate as he did not sign the acknowledgment of paternity form. They broke up several months' prior to the baby's birth. What rights would he have with the baby?

MY RESPONSE: The alleged father has essentially no rights unless he seeks and is awarded rights to the child by the Court in a Paternity case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: My husband's father left our house to my husband when he passed away while we were married with two children. Is there any chance that I could get the house if we divorce; if not and I have to move out with the children, how do I find out the amount of my child support and if I have to rent an apartment, is that also considered in determining the amount of child support?

MY RESPONSE:

If your husband inherited the house, it is his separate property.

If there was still money owing on the mortgage when he inherited the house, you may have a pro tanto community interest in the house, based on the mortgage principal paydown during the marriage, and to the extent the house was improved with community funds (your income or his income) during the marriage.

It is unlikely that you could receive the house in a divorce, because it is all or mostly your husband's separate property.

You will likely be entitled to Spousal Support, and if you get sole or primary custody of your children, you will likely be entitled to Child Support, which is based on your husband's income, your income, and the custodial timeshare. Your apartment rent is not considered in determining Child Support.

You would best retain an experienced Family Law Attorney to represent you in the divorce.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I had a 3 month relationship with a woman. I barely knew anything about her. I discovered that she lied that she was on birth control pills - she got pregnant. I got really angry with her and we broke up, but I kept in touch because of the baby. After she gave birth I have given her money monthly. She started making trouble because she wanted me to be back with her, lying to everyone that I got her pregnant and ran away. She kept going to my work and calling my work, making trouble until I was fired. She has since refused to let me see my child and refused to put my name on her birth certificate. She also refused a DNA test. Is it possible to force her by law to put my name on my daughter's birth certificate? If not, do I have to continue giving her money?

MY RESPONSE:

More is at stake than merely getting your name put on your daughter's birth certificate. If you believe that the child is yours, you should continue to contribute to her support.

Seek your remedy through the Court: File and pursue a Paternity case, and seek a DNA test, child custody and visitation rights in that case. You would best retain an experienced Family Law Attorney to represent you.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: If my wife has a child with a ex boyfriend and there are no legal custody arrangements, who has legal right over the child? Is the other parent allowed to just move out of state with the child without the mother's permission, and if he does, what can be done?

MY RESPONSE:
You can't claim custody of your wife's child with another man.

If there has never been a paternity case filed regarding that child, your wife's child custody rights are far superior to the alleged father's rights.

The father doesn't have the right to move out of the state with the child.

If he does so, your wife should retain an experienced Family Law Attorney, without delay, to file a Paternity case, before jurisdiction under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) changes to the new state, which it will do six (6) months after the child has lived in that state.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com